What Constitutes A Felony DUI In Arizona?

by | Last updated on January 24, 2024

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Under A.R.S. § 28-1383, Felony DUIs occur when a person: Commits a

DUI when their license is suspended

– Class 4 Felony – A.R.S. § 28-1383 (A)(1); Receives 3 or more DUIs in a 7-year period – Class 4 Felony – A.R.S.

What is felony drunk driving?

An often-repeated DUI is considered as a felony. Specifically, DUI is charged as a felony

if an individual already has three prior misdemeanor convictions within a ten-year period

. Besides that, killing or injuring someone while driving under the influence of alcohol or drugs is also charged as a felony.

Can your first DUI be charged as a felony in Arizona?

In Arizona, the majority of DUI arrests involve misdemeanor charges. In some cases however – especially when aggravating circumstances are present –

individuals can be prosecuted with felony DUI

.

What is the difference between a DUI and a felony DUI?

Generally, it’s possible to be convicted of a DUI as a

misdemeanor

or a felony. A standard first offense is almost always going to be a misdemeanor. But a DUI offender who kills or seriously injures another person is typically looking at felony charges—even if it’s the person’s first offense.

What happens when you get an extreme DUI in Arizona?

The consequences of a First Offense Extreme DUI is

30 days in jail, although 21 days can be suspended if you install an ignition interlock device

. If not, the 30 days in jail will cost you $2,500. The fines and surcharges are $2,787, and the screening for substance abuse classes is $50.

Is an extreme DUI in Arizona a felony?

While Extreme and Super Extreme DUI’s are more serious charges than a basic DUI, they are still misdemeanor charges,

not felonies

. As a brief overview, there are a few different ways that one can be charged with a DUI in Arizona.

What happens when you get your first DUI in Arizona?

First offense:

You will be jailed for not less than 10 consecutive days and fined not less than $1,250

. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service.

Is DUI considered a felony?

Under most circumstances, a first-time conviction for driving under the influence is a misdemeanor, but there are circumstances under which a DUI can be

a charged as a felony crime

. These circumstances vary by state and jurisdiction.

How long does a DUI stay on your record?

DUI and Car Insurance

Generally, a DUI will affect your driving record for

three to five years

in most states.

Is 2nd DUI a felony?

2nd offense DUI carries a penalty of up to 1 year in the county jail and at the very least a 96 hours jail time. … A

second DUI can be also felony

and in that event, the maximum punishment can be up to 3 years in the state prison served in the county jail pursuant to California Penal Code section 1170(h).

What state has the most lenient DUI laws?

The Most Lenient States on Drunk Drivers

For those who have been convicted of drunk driving,

South Dakota and the District of Columbia

ranked as the most lenient, followed by Pennsylvania, North Dakota, Maryland, Montana, Wisconsin, and Kentucky.

What are the 3 types of DUI infractions?

  • Misdemeanor DUI. Typically, a misdemeanor DUI applies when a driver is over the legal blood alcohol limit but has not caused large amounts of injury or property damage while drunk driving.
  • Felony DUI.
  • DUI Manslaughter.

Is a DUI a felony in Montana?

In fact, Montana has incredibly steep fines and penalties for those convicted of driving under the influence (DUI) or driving with 0.08 percent of alcohol in their systems. …

If a driver commits four DUIs within a a ten-year period, it will be considered a felony

and the offender could face a prison sentence.

How long does DUI stay on record in AZ?

How long does a DUI stay on your record in Arizona? Arizona DUI convictions can be set aside but never sealed or expunged. Arizona DUI convictions

remain on defendants’ criminal records forever

. There is no way to seal or expunge them.

What BAC is required for a super extreme DUI charge?

A Super Extreme DUI is charged when a person’s breath or blood test reads at or

above . 200 BAC

. Arizona’s Super Extreme DUI statute explicitly states that it’s unlawful to have an alcohol concentration of 0.20 or more within two hours of driving.

Can you get a DUI expunged in Arizona?

It is

possible to obtain a DUI expungement at the court

. This will expunge the record with the Arizona DPS and the FBI. … Under ARS 13-907, when you complete your sentence, you can ask the court to set aside your conviction. This releases the person from all the negative consequences of the conviction.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.